PATNA, India, Sept. 9 -- Patna High Court issued the following judgment on Aug. 11:
1. The writ petition is filed for the following reliefs:
"I. For issuance of writ of mandamus directing respondent no 4 to cancel the license of fair price shop allotted to the respondent no. 5.
II. For issuance of writ /writs, direction/directions, order/orders directing respondent no. 4 to issue license of fair price shop to the petitioner
III. For issuance of any other appropriate writ/writs, order/orders, direction/directions, for which petitioner may deemed entitled under the fact and circumstances of the case."
2. At this juncture, the Learned counsel for the respondents contended that Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides for the provision of appeal and Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides for the provision of revision. Section 32(iii) 32(v) and 32(vi) read as follows:
"32 (iii). Any person aggrieved by an order of the licensing authority denying the issue or renewal of the license to the fair price shop owner or cancellation of the license may appeal to the District Officer within thirty days of the date of receipt of the order and the District Magistrate shall, as far as practicable, dispose the appeal within a period of sixty days."
32. (v) Till the disposal of appeal pending, the Appellate Authority may direct that the order under appeal shall not take effect for such period as the authority may consider necessary for giving a reasonable opportunity to the other party under sub-clause (4) or until the appeal is disposed of, whichever is earlier.
(vi) Due to non disposal of the appeal within sixty days by the District Officer or against the order passed in the appeal, a revision may be filed before the Divisional Commissioner. The revision shall be disposed of within two months.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMjA5NDgjMjAxOCMxI04=-uNkzBGIaNiU=
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